Lubis, Syofiaty
Universitas Islam Negeri Sumatera Utara

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The Existence of the Death Penalty in Indonesia: History Debates and Legal Developments Ardhana, Rizky Owen; Lubis, Syofiaty
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 4, No 1 (2023): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v4i1.21428

Abstract

Death penalty is a punishment that has long been a controversial topic in Indonesia. Although it still exists, the existence of death penalty in Indonesia has undergone various changes and discussions that evolve along with the development of society and law in this country. This abstract aims to present an overview of the existence of death penalty in Indonesia. The history of death penalty in Indonesia can be traced back to the Dutch colonial period, where this punishment was applied as part of the colonial legal system. After independence, Indonesia inherited the death penalty law from the Dutch colonizers and maintained it as one of the forms of punishment in the criminal justice system. Although still applied, the existence of the death penalty in Indonesia has drawn various criticisms from within and outside the country. Critics highlight issues such as the potential for irreparable legal errors, selective justice, and human rights violations. However, on the other hand, there is also support for the death penalty as a form of punishment that is considered effective in suppressing serious crimes and providing a deterrent effect to criminals. Over the past few years, there has been a shift in the views of the public and government in relation to the death penalty. Although it still exists, its use has become more limited and restrained. Several steps have been taken, including a moratorium on death penalty executions and revision of the Death Penalty Law. The debate on the existence of the death penalty in Indonesia also takes into account issues such as humanity, justice, and effectiveness as a punishment. Some parties argue that the abolition of the death penalty is more in line with humanitarian values and the protection of human rights, while others still maintain this punishment as a form of justice for victims of crime. Thus, the existence of the death penalty in Indonesia is a complex and evolving subject, influenced by factors such as legal developments, societal values, and pressure from the international community. Death penalty remains a challenging issue for Indonesia in finding a balance between justice, humanity, and effectiveness in law enforcement.
Legal Protection Provided by Law No. 35 of 2014 for Children Neglected by Parents Who Abuse Narcotics Rambe, Sullama Nikmah; Lubis, Syofiaty
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 4, No 1 (2023): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v4i1.21429

Abstract

Drug abuse is one of the most serious challenges in modern society, affecting not only individuals who consume drugs but also families, especially children. In Indonesia, Law No. 35/2014 on Narcotics provides a strong legal basis to protect children abandoned by parents who are drug abusers. This study aims to analyze the legal protection provided by Law No. 35/2014 to children who are victims of this situation. Law No. 35/2014 states that children have the right to protection from all forms of violence, neglect and exploitation, including in the context of parents involved in drug abuse. The law stipulates that the government is responsible for providing protection, care and rehabilitation for children affected by drug abuse, and emphasizes that parental drug abuse cannot be used as an excuse to abandon a child. In addition, Law No. 35/2014 also provides a foundation for efforts to prevent drug abuse among adolescents and children, through education and socialization about the dangers of drugs and rehabilitation for drug addicts. Nevertheless, the implementation of this legal protection still faces various challenges. Lack of awareness of children's rights and access to adequate social services are often barriers to providing effective protection for children affected by their parents' drug abuse. Therefore, greater efforts are needed from the government, non-governmental organizations, and society as a whole to improve awareness, access to services, and legal protection for children in this situation.